Chapter 2
What we want to know

This chapter presents the programme’s key research questions in detail (section 1). It also summarises CRU’s track record in the area of security and justice (section 2).

Both the threat and the occurrence of disorder and violence are most pronounced in fragile and crisis situations and states. This is in part because many are embroiled in episodes of recurrent conflict and in part because they feature fewer restraints on the exercise of violence, including in its more naked forms.[15] It is in these situations that the legacies of conflict are strongest, the possibilities for positive change slimmest and the provision of security and justice of almost any kind most urgent. It is also in these situations that power is contested, marginalisation is common and corruption rife. Finally, it is in these situations that many of the world’s poor continue to live and where a significant percentage of the world’s violent deaths occurs.[16] For these reasons, CRU’s Security and Justice Research Programme filters the questions contained in figure 1 above through the lenses of fragility and crisis.

Geographically, this introduces a focus on Latin America, Africa, the Middle East and South Asia.[17] Thematically, it introduces a focus on violence at the sharp edge of development considered as a process of social contestation. Simply put, the research programme focuses on countries where levels of organised violence (or the threat thereof) are structurally high – whether the violence is political, terrorist, criminal or hybrid in nature – and where violence has become a part of daily life, of methods of rule or of competition for power, and where mistrust is high.

Key research questions

Research question #1– How do elite interests, coalitions and pacts influence the organisation and provision of security and justice?[18]

Where political authority is severely contested and/or central enforcement is absent, strong incentives exist to maintain the ability to wield violence as necessary. Elites typically have the means to do so and therefore are likely to use security and justice organisations – through which this ability manifests itself – to protect their interests, whether these are defined at the individual, group or national level.[19] They generally do so as part of processes of coalition formation and deal-making with other elite sub-groups.[20] As narrower coalitions will tend to increase the profitability and lower the transaction cost of maintaining such deals, these pacts are often exclusionary and tend to partially privatise security and justice. This typically widens the gap between the ‘heart of power’ and the general population, which can lead to significant – if not violent – social contestation. In consequence, a key dilemma is how elites can be incentivised to take a more public-goods-based approach to the institutionalisation, organisation and delivery of security and justice. On this basis, three more detailed research questions will guide the programme:

What are typical interests that elites seek to protect through security and justice organisations? Which factors influence whether such elite interests clash, overlap or align with broader public interests?

How do such interests influence how security and justice are organised and provided? What are the mechanisms through which this happens?

Under what conditions do elites decide / can elites be nudged to provide security and justice in a manner that gravitates more towards a public good? What role can social contestation play in precipitating such shifts?

Research question #2 – How is local innovation in security and justice solutions addressing 21st-century violence?

It is clear that providing security and justice in fragile environments solely through the central state – or what is left of it – is as fraught with difficulties as is providing security and justice through customary and sub-state providers. While any efforts made by the state are very likely to be hampered by its orientation towards elites, poor accountability and limited reach, customary providers often suffer from a limited scale and level of sophistication, as well as the perpetuation of existing social hierarchies. To this challenge must be added the phenomenon of inter- and transnational influences on security and justice provision, such as organised crime and franchised terrorism, and the question of what can be done to counter their effects through regulatory and enforcement action across borders. The need to weld together elements of these three dimensions of security and justice provision – state, customary and transborder – in cogent responses, makes their provision difficult in the best of circumstances but especially so in fragile ones. Local innovation is likely to be critical. Three specific research questions will guide this area of the programme:

Can customary and informal security and justice actors develop and be supported in ways that create a manageable ‘patchwork’ of providers, which is compatible with parallel state-building efforts that seek an increasing role for the state in the provision of security and justice?

What are effective security and justice responses at the (sub)national level to reduce or mitigate transnational conflict drivers (such as crime, radicalisation and terrorism) that increase local insecurity and injustice? For example, how do militarised approaches compare with police, justice and intelligence approaches in terms of keeping the peace and maintaining social order?[21]

Would it make sense to prioritise the mediation, reconciliation, truth-seeking and community restoration aspects of justice over its punitive aspects, in the face of the sheer scale of violence, victimhood and destruction of social capital in many fragile states?

Research question #3– How can the quality of international support for security and justice development be improved?

International support for security and justice development retains strong notions both of social engineering and of exporting blueprints, with OECD countries implicitly used as models and a Weberian monopoly on the use of violence as desired end-state. Neither international political thinking about development nor the international toolkit has been able to develop much in the way of operating modalities that can come to terms with the realities of power politics, patronage and legal pluralism in fragile settings. This has perpetuated relatively technical approaches that leave local systems of patronage-based governance undisturbed and legacies of violence unaddressed. The specific research questions that will guide this area of the programme include:

What type of results can be achieved by international initiatives that support security and justice development, given the gap between international norms and principles and the opaque operating realities of fragile environments? How should such international initiatives be scoped and monitored to have a reasonable chance of success?

What innovations in international criminal justice mechanisms could make international attempts to restore security and address impunity more effective?

How can UN peacekeeping, arguably the international community’s most effective way to temporarily provide security in fragile environments, be improved to deal with the political logic and economy of contemporary violence?[22]

Our track record in security and justice research

Clingendael’s Conflict Research Unit can demonstrate a credible track record for generating innovative research approaches and rigorous analysis, and impactful outreach in the area of security and justice. We present selected work below and briefly discuss its results and impact.

Table 1
Projects that have advanced our conceptual understanding of security and justice

‘Mapping’ the future of Security Sector Reform

This policy brief outlined the key developments and open challenges with the concept of Security Sector Reform. It informed discussions in the Stabilization Leadership Forum (an informal body that brings together government representatives of a number of Western countries), as well as the Dutch Foreign Ministry’s policy development on the subject.

The Rule of Law and Security Sector Reform: A pragmatic approach to addressing the security and justice spectrum

This policy brief identified potential pathways for establishing an inclusive framework to address issues of security and justice in post-conflict areas. It served as strategic input to inform the Permanent Mission of the Kingdom of the Netherlands to the United Nations as it engaged in discussions on the relationship between Rule of Law (RoL) Reform and Security Sector Reform (SSR).

Engagement with non-state actors in fragile states: Narrowing definitions, broadening scope

This report provided a framework for identifying various kinds of non-state actors, and outlined the main challenges for engagement with such actors in fragile and conflict-affected situations. It provided input for discussions within Dutch civil society on flexible aid modalities and partnering with local actors.

Table 2
Projects that have focused on understanding local solutions to 21st-century violence

Political economy analysis of the state of justice in Yemen

This report analysed the major recent developments and strains on Yemen’s state-based and customary justice systems, and investigated how its ‘state of justice’ has influenced the several episodes of violence that the country has suffered since 2004. It served as input into the multi-annual strategic plan, and associated programming, of the Dutch embassy in Sanaa

Putting governance at the heart of Security Sector Development: Lessons from the Burundi–Netherlands Security Sector Development programme

This report assessed the strengths and weaknesses of an innovative Security Sector Reform programme to showcase how the quality of programming can be improved and offered some reflections on the new challenges that inevitably accompany efforts at innovation. It informed a high-level meeting between several members of Burundi’s cabinet and the Dutch government.

Local justice and security providers in South Kivu: going local to support youth-neighbourhood watch-community development groups

This report was a component of a larger research project examining the role of non-state actors in security and justice service delivery, and the options for donors to support such actors. The project culminated in a conference that brought together relevant experts, policy-makers and practitioners for discussion and reflection.

Local justice and security development in Burundi: workplace associations as a pathway ahead

This paper also contributed to the above-mentioned research project. It provided input to the development of a research programme investigating the broader role of informal economies in fragile and conflict-affected settings, helping to highlight links between livelihood development, social organisation and security.

Table 3
Projects that have contributed to improving the quality of international support for security and justice development

Review of the UN’s Global Focal Point on Police, Justice and Corrections

This project conducted an organisational performance assessment of a recent UN initiative from the dual perspective of UN HQ and seven UN field operations with the aim of offering the initiative fresh food for thought for further improvement. It informed high-level managerial discussions in the UN on the way forward, stimulated stronger donor engagement and underpinned a high-level UN retreat on the issues.

The EU’s Support to Security System Reform in the Democratic Republic of Congo

This report reflected on EU support for SSR in the Democratic Republic of Congo (DRC), both through its Defence Reform mission (EUSEC) and its Police Reform mission (EUPOL). Findings were shared at a strategic policy workshop, organised in Brussels by the European Peacebuildng Liaison Office, convening 20 European policy-makers and member states’ representatives to discuss lessons to be learned from the EU CSDP missions in Guinea-Bissau and DRC.

Upgrading peacekeeping to counter transnational conflict drivers

This policy brief discussed what actions are necessary to enable peacekeeping operations to come to terms with an important dimension of 21st-century violence, namely transnational conflict drivers. It enjoyed broad circulation among senior staff of the UN Department for Peacekeeping Operations (DPKO) and members of the Knowledge Platform Security and the Rule of Law.

The EU and Rule of Law Reform in Kosovo

This report presented findings from a case study carried out in Pristina in January 2010. The field mission’s objective was to investigate the challenges and opportunities that the EU faces when supporting the reform of the rule of law in Kosovo. It was included as input for the Dutch Foreign Ministry’s strategic plans for support for the rule of law in Kosovo in 2012, and for the European Court of Auditors’ Report on EU assistance in Kosovo related to the rule of law (2012).

However, fragile situations should not be equated with low-income countries since middle-income countries feature in a significant number of today’s conflicts. See: Fearon, J. (2010), Governance and Civil War Onset, World Development Report 2011 Background Paper, World Bank, Washington, DC. On the recurrence of conflict: World Bank (2011), Conflict Security and Development, World Development Report 2011, World Bank: Washington, DC.
See, for example: World Bank (2011), op.cit.; OECD (2015), States of Fragility 2015: Meeting post-2015 Ambitions, OECD Publishing, Paris; Human Security Report Project (2013), Human Security Report 2013: The Decline in Global Violence: Evidence, Explanation, and Contestation, Human Security Press, Vancouver.
One can use, for example, the Fragile States Index of the Fund for Peace, or the OECD’s annual report on resource flows to fragile states, as rough gauges for assessing the main geographical areas involved.
This research question is examined in close collaboration with CRU’s Political Economy Research Programme.
Elites can be defined as: ‘the small group of leaders – rarely more than 3% in any unit of analysis – that occupy formal or informal positions of authority and power in public and private organisations or sectors and that take or influence key economic, political, social and administrative decisions’ (Leftwich, A. (2009), Bringing Agency Back In: Politics and Human Agency in Building Institutions and States, Synthesis and Overview Report, Developmental Leadership Program (DLP): York).
See: North, Wallis and Weingast (2009), op.cit.; Khan, M. (2010), ‘Political Settlements and the Governance of Growth-Enhancing Institutions’, working paper, unpublished; DLP (2011), Politics, Leadership and Coalitions in Development, Workshop Findings 10–11 March, Developmental Leadership Program: Frankfurt.
This research question is examined in close collaboration with CRU´s Politics & Crime research programme.
Research into this question will build on the productive collaboration between CRU and the Knowledge Platform on Security and the Rule of Law (KPSRL).